Practice question
Two Muslims in BARMM bring separate proceedings: one seeks distribution of marital property upon a PD1083 divorce; the other seeks probate and settlement of a deceased Muslim's estate containing similar property. Counsel says property distribution always goes to the same court. Which is correct?
- Both proceedings must go to the Circuit Court because property is involved.
- The divorce-property dispute belongs to the Circuit Court, while the deceased Muslim's estate proceeding belongs to the District Court.
- Both necessarily go to the MTC under the ordinary property threshold.
- The executor may choose either Shari’ah court for both matters.
- Neither court may ever decide property questions.
Legal references
- https://lawphil.net/statutes/presdecs/pd1977/pd_1083_1977.html — PD1083 Arts143–144,155.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/92699 — RA11054 ArtX §§1–6.
- https://lawphil.net/statutes/repacts/ra2024/ra_12018_2024.html — RA12018 §§1–3.
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